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Back to search resultsBill 160138-A

Amending various provisions of The Philadelphia Code, including in Title 4 ("The Philadelphia Building Construction and Occupancy Code"), Title 9 ("Regulation of Businesses, Trades and Professions") and Title 14 ("Zoning and Planning"), to preclude issuance of certain licenses and permits to any applicant who is delinquent in payments owed to the City, all under certain terms and conditions.

View file history View official file on Legistar →

File details

Status
Enacted
Type
Bill
Introduced
February 18, 2016
Sponsors
CDCouncilmember Domb

Full Bill

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 4 of The Philadelphia Code is hereby amended to read as follows:

TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE

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SUBCODE "A" (THE PHILADELPHIA ADMINISTRATIVE CODE)

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CHAPTER 2

ENFORCEMENT AUTHORITY

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SECTION A-202 DUTIES AND POWERS OF THE CODE OFFICIAL

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A-202.7 Issuance Requirement: No license or permit required by any provision of Title 4 shall be issued or renewed if the applicant is delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or any penalties or fines related to the applicant's business for which the applicant is responsible, unless the applicant has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement.

Compliance is required by the person or business required to obtain the license or permit.

Proof of compliance by submission of a Tax Clearance Certificate, as defined in Section 9-101, shall be required prior to issuance of any license or permit.

A-202.7.1

The requirements of this subsection (A-202.7) may be waived upon [the]:

1. The

code official's written determination that the license or permit is required for work needed to correct a violation of The Philadelphia Code, and that immediate issuance of such license or permit is necessary to protect public safety.

Waiver under this provision shall not be available for building permits relating to new construction or additions to existing structures, or for zoning and use registration permits.

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SECTION 2. Title 9 of The Philadelphia Code is hereby amended to read as follows:

TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS.

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CHAPTER 9-100. GENERAL PROVISIONS.

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§9-101. Definitions.

In this Title the following definitions apply:

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(3) Tax Clearance Certificate. Certification from the Department of Revenue that the applicant either is not delinquent on any taxes under Title 19 or is in compliance with current payment agreements. Tax Clearance Certificates are available through the Department of Revenue’s website. A Tax Clearance Certificate shall be valid for purposes of satisfying Title 4, Section A-202.7

or for obtaining a zoning permit under Section 14-303 for 180 days from its date of issuance. For all other purposes, a Tax Clearance Certificate shall be valid for periods established at the discretion of the Department of Revenue, but in no case for less than thirty days.

Certification shall be in form satisfactory to the Department, which may include, when available, electronic certification by direct electronic communication between the Department of Revenue and the Department.

§ 9-102. Licenses and Permits.

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(9) No license or permit shall be issued or renewed if the applicant is delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or any penalties or fines related to the applicant's business for which the applicant is responsible, unless the applicant has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement.

Compliance is required by the person or business required to obtain the license or permit.

Proof of compliance by submission of a Tax Clearance Certificate shall be required prior to issuance of any license or permit.

(a) The requirements of this subsection (9) may be waived upon:

1. The Department’s written determination that the license or permit is required for work needed to correct a violation of The Philadelphia Code, and that immediate issuance of such license or permit is necessary to protect public safety. Waiver under this provision shall not be available for licenses to engage in a trade or business or for rental licenses.

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SECTION 3. Title 14 of The Philadelphia Code is hereby amended to read as follows:

TITLE 14. ZONING AND PLANNING.

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CHAPTER 14-300. ADMINISTRATION AND PROCEDURES.

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§ 14-303. Common Procedures and Requirements.

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(6)

Zoning Permits.

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(d)

Criteria for Approval.

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(.3) No zoning or use registration permit shall be issued if the applicant is delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or any penalties or fines related to the applicant's business for which the applicant is responsible, unless the applicant has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement. Compliance is required by the person or business required to obtain the license or permit. Proof of compliance by submission of a Tax Clearance Certificate, as defined in Section 9-101, shall be required prior to issuance of any permit.

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SECTION 4. Effective Date. This Ordinance shall take effect January 1, 2017.

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Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

End

Timeline

File history

A file can move through several public steps, including introduction, hearings, amendments, votes and final action. This timeline puts those events in date order, groups routine entries from the same day, and attaches published member votes to the action they record.

  1. Council ActionMAYOR

    SIGNED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  2. Member voteCITY COUNCIL

    READ AND PASSED

    Member-by-member vote published for this action.

    Pass14 Yes · 3 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be READ AND PASSED. The motion carried by the following vote:

    Member votes

    MemberVote
    Al TaubenbergerYes
    Allan DombYes
    Blondell Reynolds BrownYes
    Bobby HenonYes
    Brian J. O'NeillYes
    Cherelle ParkerYes
    Cindy BassNo
    Curtis Jones, Jr.No
    Darrell L. ClarkeYes
    David OhYes
    Derek S. GreenYes
    Helen GymYes
    Jannie L. BlackwellNo
    Kenyatta JohnsonYes
    Maria D. Quiñones-SánchezYes
    Mark SquillaYes
    William K. GreenleeYes

    Source: LegislationDetail.aspx · gridLegislation

  3. Council ActionCITY COUNCIL

    READ

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    2 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON FINAL PASSAGE CALENDAR FOR NEXT MEETING.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  4. 3 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
    Official action detail

    A motion was made by Councilmember Greenlee that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation

    ProceduralCITY COUNCIL

    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  5. Council ActionCommittee on Rules

    NO RECOMMENDATION, RULE SUSPENSION

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    2 procedural actionsCommittee on Rules
  6. UnanimousCITY COUNCIL

    Introduced and Referred

    Marked unanimous; no member-by-member tally published.

    Pass
    Official action detail

    A motion was made by Councilmember Domb that this matter be Introduced and Referred to the Committee on Rules. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation